first respondent

The attorney acting on behalf of the second respondent goes beyond the scope of institutional representation by making factual averments defending the first respondent (the evidence leader) regarding private communications between Mr Mogotsi and the evidence leader.

“The attorney goes beyond the scope of the institutionalised institutional representation and purports to make factual averments on behalf of the first respondent, defend the personal conduct, intentions, and state of mind of the first respondent, who is the evidence leader, and they respond to allegations concerning private communication between Mr Mogotsi and the evidence leader.”